Current law regulates "telephone solicitation," which is defined as the unsolicited initiation of a telephone conversation or text message for the purpose of encouraging the recipient of the telephone call or text message to purchase property, goods, or services. Current law generally prohibits a telephone solicitor, or employee or contractor of a telephone solicitor, from making a telephone solicitation to a residential customer if the customer's landline or wireless telephone number is included in a nonsolicitation directory maintained by the Department of Agriculture, Trade and Consumer Protection (DATCP), which lists residential customers who do not wish to receive telephone solicitations. Current law exempts the following from the prohibition: 1) telephone solicitations made by nonprofit organizations; 2) telephone solicitations made in response to a recipient's request; and 3) telephone solicitations made to current clients of the person selling property, goods, or services that are the reason for the solicitation. Current law requires DATCP to promulgate rules requiring that telephone solicitors register with DATCP and pay initial registration and annual registration renewal fees to DATCP, which DATCP must use for establishing and maintaining the nonsolicitation directory, as well as for consumer protection, information, and education. Current law prohibits a telephone solicitor who is not registered from requiring that employees or contractors make telephone solicitations in this state. Current law also provides that if a residential customer does not biennially renew his or her listing in the nonsolicitation directory, DATCP must eliminate the customer's telephone number from the directory.

Federal law also regulates telephone solicitations by authorizing the Federal Trade Commission (FTC) to prohibit deceptive and abusive telemarketing acts or practices. Under that authority, the FTC has promulgated a regulation that, with certain exceptions, prohibits a telemarketer from initiating a telephone call encouraging the purchase of goods or services if the recipient's telephone number is on a national "do-not-call" registry maintained by the FTC that consists of the telephone numbers of persons who do not wish to receive such calls. One of the exceptions applies to telemarketing calls to businesses. Federal law requires telemarketers to pay annual fees in order to access the registry. The FTC allows a person to add a landline or wireless telephone number to the registry through a toll-free number or over the Internet. Under federal law, inclusion of a telephone number in the registry is permanent and a person is not required to periodically renew the inclusion. However, a person may remove a telephone number from the registry and the FTC must periodically review the registry and remove telephone numbers that have been disconnected or reassigned to another person.

This bill eliminates the state's nonsolicitation directory and instead prohibits a telephone solicitor, or employee or contractor of a telephone solicitor, from making a telephone solicitation, as defined under current state law, to a landline or wireless telephone number that is included on a "state do-not-call registry," which the bill defines as the portion of the national do-not-call registry that consists of telephone numbers with Wisconsin area codes. The bill allows DATCP to cooperate with the FTC to add telephone numbers that were in the state's nonsolicitation directory to the national do-not-call registry. The bill's prohibition is subject to the same exemptions as the prohibition under current state law. The bill requires DATCP to publicize the procedures for a residential customer to add a telephone number to the national do-not-call registry.

The bill also provides that the initial registration and annual registration renewal fees that are paid by telephone solicitors must be used for DATCP's administration and enforcement of the requirements applicable to telephone solicitors, as well as for consumer protection, information, and education. The bill allows DATCP to base the amount of a fee that a telephone solicitor must pay on a methodology established by rule, in addition to basing the amount on the number of telephone lines used by the telephone solicitor to make solicitations, which is the basis allowed under current law. In addition, the bill requires that DATCP's rules require a telephone solicitor to provide DATCP with proof that the telephone solicitor has complied with federal law in obtaining copies or updated versions of the state do-not-call registry. The proof must be provided upon initial registration and annual renewal, as well as any other time upon DATCP's request. Finally, the bill prohibits a telephone solicitor from using or possessing a copy or updated version of the state do-not-call registry that the telephone solicitor has obtained in violation of federal law.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB155,11Section
1. 20.115 (1) (im) of the statutes is amended to read:

SB155,4,74
100.52 (1m)National do-not-call registry. The department may cooperate 5with the federal trade commission to add telephone numbers included in the 6nonsolicitation directory, as defined in s. 100.52 (1) (e), 2011 stats., to the national 7do-not-call registry.

SB155,5,311
100.52 (3)Registration of telephone solicitors. The department shall 12promulgate rules that require any telephone solicitor who requires an employee or 13contractor to make a telephone solicitation to a residential customer in this state to 14register with the department, obtain a registration number from the department, 15and pay a an initial registration fee and an annual registration renewal fee to the 16department. The amount of the registration fee shall be based on the cost of 17establishing the nonsolicitation directory, and the amount that an individual 18telephone solicitor is required to pay shall be based on the number of telephone lines 19used by the telephone solicitor to make telephone solicitations or some other 20methodology established by the department by rule. The rules shall also require a 21telephone solicitor that registers with the department to pay an annual registration 22renewal fee to the department, at the time of initial registration, the time of annual 23renewal, and any other time upon request of the department, provide the department 24with proof that the telephone solicitor has complied with federal law in obtaining 25copies and updated versions of the state do-not-call registry. The amount of the 1registration renewal feefees shall be based on the cost of maintaining the 2nonsolicitation directoryamount required to administer and enforce this section and 3to provide the amounts appropriated under s. 20.115 (1) (im).

SB155,105Section
10. 100.52 (4) (a) 2. of the statutes is amended to read:

SB155,5,96
100.52 (4) (a) 2. Make a telephone solicitation to a residential customer if the 7nonsolicitation directory that is provided or made available to the telephone solicitor 8under sub. (2) (d) includes a listing for the residential customer
telephone number 9that, at the time the solicitation is made, is listed on the state do-not-call registry.

SB155,1110Section
11. 100.52 (4) (b) 1. of the statutes is amended to read:

SB155,5,1311
100.52 (4) (b) 1. Require an employee or contractor to make a telephone 12solicitation to a person in this state unless the telephone solicitor is registered with 13the department under the rules promulgated under sub. (3) (a).

SB155,1214Section
12. 100.52 (4) (b) 3. of the statutes is created to read:

SB155,5,1715
100.52 (4) (b) 3. Use or possess a copy or updated version of the state 16do-not-call registry that the telephone solicitor has obtained in violation of federal 17law.

SB155,1624Section
16. 100.52 (9) (a) of the statutes is created to read:

SB155,6,21100.52 (9) (a) The department shall publicize the procedures for a residential 2customer to add a telephone number to the national do-not-call registry.

SB155,173Section
17. 100.55 (3) (b) 3. of the statutes is amended to read:

SB155,6,84
100.55 (3) (b) 3. Knowingly or negligently utilizing information regarding 5consumers who have made an election under 15 USC 1681b (e) to be excluded from 6prescreened consumer reports,or who have registered their telephone numbers on 7the national do-not-call registry as provided in 47 CFR 64.1200, or who are listed 8in the nonsolicitation directory under s. 100.52 (2).